Patna High Court
Shivji Prasad VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, a 70‑year‑old man, was arrested in connection with a fraud involving the purchase of two gold ingots, alleged under Sections 303(2) and 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution claimed that the petitioner received Rs.30,000 from an informant and handed over counterfeit gold, while the petitioner asserted that the money belonged to him and that he was falsely implicated. He had been in custody since 19 March 2026, with a charge‑sheet already filed, and claimed to have six other cases in which he was on bail. The court considered his advanced age, the period of custody, the filing of the charge‑sheet, and the lack of evidence of flight risk. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under Sections 303(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s age, period of custody, and filing of charge‑sheet justify bail despite the seriousness of the alleged fraud.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(4), 3(5), 480(3)
Subjects
- bail
- criminal procedure
- fraud
- gold ingot
- age
- Bharatiya Nyaya Sanhita
- Section 303
- Section 318
- Section 480
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31925 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- KOCHAS District- Rohtas
======================================================
Shivji Prasad Verma S/o- Late Basudeo Prasad R/v- Baulia Road Nuranganj
Sasaram PS- Sasaram Dist-Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Kochas P.S. Case No. 70 of 2026 registered for
the alleged offences under Sections 303(2) and 318(4) r/w
Section 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, two miscreants gave
inducement for purchase of two gold ingots to the informant
who had just withdrawn Rs. 30,000/- from bank but the
informant refused. Still, one of the miscreants took Rs. 30,000/-
and handed over two gold ingots to the informant who
subsequently came to know that it was false gold. The informant
raised alarm and this petitioner was apprehended but other co-
accused persons fled away from the spot.
Patna High Court CR. MISC. No.31925 of 2026(3) dt.01-07-2026
2/3
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Learned counsel further submits that the petitioner is 70
years old person and he has been arrested in this case merely on
suspicion. Recovery of Rs. 30,000/- has been made from the
house of the petitioner but the money belongs to the petitioner.
Learned counsel further submits that the petitioner is having
antecedent of six cases and is in bail in all such cases. The
petitioner is in custody since 19.03.2026 and charge-sheet has
been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petiitoner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-
VIII, Sasaram, Rohtas/court concerned in connection with
Kochas P.S. Case No. 70 of 2026, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
Patna High Court CR. MISC. No.31925 of 2026(3) dt.01-07-2026
3/3
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
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